Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-07-09 and last amended on 2015-06-23. Previous Versions

Marginal note:Aggravating circumstance — home invasion

 If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

  • (a) knew that or was reckless as to whether the dwelling-house was occupied; and

  • (b) used violence or threats of violence to a person or property.

  • 2002, c. 13, s. 15;
  • 2008, c. 6, s. 34.
Marginal note:Being unlawfully in dwelling-house
  •  (1) Every person who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

  • Marginal note:Presumption

    (2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.

  • R.S., 1985, c. C-46, s. 349;
  • 1997, c. 18, s. 21.
Marginal note:Entrance

 For the purposes of sections 348 and 349,

  • (a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and

  • (b) a person shall be deemed to have broken and entered if

    • (i) he obtained entrance by a threat or an artifice or by collusion with a person within, or

    • (ii) he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.

  • R.S., c. C-34, s. 308.
Marginal note:Possession of break-in instrument
  •  (1) Every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Disguise with intent

    (2) Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • R.S., 1985, c. C-46, s. 351;
  • R.S., 1985, c. 27 (1st Supp.), s. 48;
  • 2008, c. 18, s. 9.